[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 648 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                 S. 648

 To require the Secretary of Transportation, in consultation with the 
 Secretary of Energy, to establish a grant program to demonstrate the 
 performance and reliability of heavy-duty fuel cell vehicles that use 
           hydrogen as a fuel source, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 2, 2023

Mr. Coons (for himself, Mr. Cornyn, Mr. Hickenlooper, Mr. Cassidy, and 
  Mr. Lujan) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To require the Secretary of Transportation, in consultation with the 
 Secretary of Energy, to establish a grant program to demonstrate the 
 performance and reliability of heavy-duty fuel cell vehicles that use 
           hydrogen as a fuel source, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hydrogen for Trucks Act of 2023''.

SEC. 2. HEAVY-DUTY FUEL CELL VEHICLE DEMONSTRATION PROGRAM.

    (a) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means an 
        entity described in subsection (b)(2).
            (2) Heavy-duty fuel cell vehicle.--
                    (A) In general.--The term ``heavy-duty fuel cell 
                vehicle'' means a vehicle that--
                            (i) has a manufacturer gross vehicle weight 
                        rating of more than 26,000 pounds, as 
                        determined by the Federal Highway 
                        Administration;
                            (ii) is not powered or charged by an 
                        internal combustion engine; and
                            (iii) is propelled solely by an electric 
                        motor that draws electricity from--
                                    (I) a fuel cell; or
                                    (II) a combination of a fuel cell 
                                and a battery.
                    (B) Inclusion.--The term ``heavy-duty fuel cell 
                vehicle'' includes any off-road vehicle, such as a yard 
                truck, that meets the requirements of subparagraph (A).
            (3) Program.--The term ``program'' means the program 
        established under subsection (b)(1).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
    (b) Establishment.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        Secretary of Energy, shall establish a grant program under 
        which the Secretary shall provide grants to eligible entities 
        to assist the eligible entities in funding capital projects to 
        purchase heavy-duty fuel cell vehicles and related equipment, 
        including hydrogen fueling stations.
            (2) Eligible entities.--To be eligible to receive a grant 
        under the program, an entity shall be--
                    (A) a private heavy-duty truck fleet owner with 
                high duty cycle or long-haul operations;
                    (B) an operator with a ``return to base'' mode that 
                requires refueling primarily at a single station, 
                including an airport, a delivery warehouse, and a 
                shipping port;
                    (C) a leasing firm;
                    (D) an independent owner-operator;
                    (E) a public hydrogen fueling station developer or 
                operator;
                    (F) a Federal, State, or local agency that owns, 
                operates, leases, or otherwise controls a fleet of 
                public vehicles; or
                    (G) a partnership of 1 or more entities described 
                in subparagraphs (A) through (E).
            (3) Applications.--
                    (A) In general.--Subject to subparagraph (B), an 
                eligible entity desiring a grant under the program 
                shall submit to the Secretary an application at such 
                time, in such manner, and containing such information 
                as the Secretary, in consultation with the Secretary of 
                Energy, may require.
                    (B) Requirement.--If an eligible entity desiring a 
                grant under the program intends to use the grant for 
                only 1 of the uses described in subparagraphs (A) and 
                (B) of subsection (d)(1), the eligible entity shall 
                include in the application under subparagraph (A) a 
                description of--
                            (i) if the grant is to be used only for the 
                        use described in subparagraph (A) of subsection 
                        (d)(1), the availability of not fewer than 1 
                        hydrogen fueling station that can be used by 
                        heavy-duty fuel cell vehicles;
                            (ii) if the grant is to be used only for 
                        the use described in subparagraph (B) of 
                        subsection (d)(1), the availability of not 
                        fewer than 7 heavy-duty fuel cell vehicles 
                        that--
                                    (I) use hydrogen as a fuel source; 
                                and
                                    (II) will use 1 or more hydrogen 
                                fueling stations demonstrated using the 
                                grant; and
                            (iii) the means by which the project of the 
                        eligible entity will expand the demand for and 
                        use of any existing infrastructure.
            (4) Considerations.--In selecting eligible entities to 
        receive a grant under the program, the Secretary, in 
        consultation with the Secretary of Energy, shall--
                    (A) take into account whether the eligible entity 
                has the potential to expand the use of hydrogen 
                demonstrated by the eligible entity using the grant to 
                other applications within the region in which the 
                eligible entity operates; and
                    (B) to the maximum extent practicable--
                            (i) select eligible entities operating in 
                        different regions of the United States--
                                    (I) to demonstrate different types 
                                of fleet operations, such as fleet 
                                operations with differing local 
                                hydrogen supplies, climate conditions, 
                                route lengths and geographies, and 
                                sizes of vehicles; and
                                    (II) to identify any differences in 
                                performance demonstrated by the heavy-
                                duty fuel cell vehicles used by the 
                                eligible entity that are due to 
                                regional characteristics;
                            (ii) select eligible entities that intend 
                        to use the grant for both of the uses described 
                        in subparagraphs (A) and (B) of subsection 
                        (d)(1); and
                            (iii) select projects that will generate 
                        the greatest benefit to low-income or 
                        disadvantaged communities (including cities, 
                        towns, counties, and reasonably isolated and 
                        divisible segments of a larger municipality) 
                        with an annual median household income that is 
                        less than 100 percent of the statewide annual 
                        median household income for the State in which 
                        the community is located, according to the most 
                        recent decennial census.
            (5) Priority.--In selecting eligible entities to receive a 
        grant under the program, the Secretary, in consultation with 
        the Secretary of Energy, shall give priority to projects that 
        will provide greater net impact in avoiding or reducing 
        emissions of greenhouse gases.
            (6) Special consideration.--In selecting eligible entities 
        to receive a grant under the program, the Secretary, in 
        consultation with the Secretary of Energy, shall give special 
        consideration to--
                    (A) if the grant is to be used for the use 
                described in subsection (d)(1)(B), projects in which 
                each applicable hydrogen fueling station is open to the 
                public; or
                    (B) eligible entities that provide greater than 20 
                percent cost share.
    (c) Goals.--The goals of the program shall be--
            (1) to demonstrate the performance and reliability of 
        heavy-duty fuel cell vehicles in different regions of the 
        United States;
            (2) to provide a basis for relevant cost evaluations and 
        cost reductions; and
            (3) to accelerate the market deployment of heavy-duty fuel 
        cell vehicles.
    (d) Use of Grant Funds.--
            (1) In general.--An eligible entity that receives a grant 
        under the program shall use the grant to demonstrate the 
        performance of--
                    (A) not fewer than 7 heavy-duty fuel cell vehicles 
                that use hydrogen as fuel source; or
                    (B) 1 or more hydrogen fueling stations for use by 
                heavy-duty fuel cell vehicles.
            (2) Eligible costs.--An eligible entity that receives a 
        grant under the program may use the grant for the following 
        costs:
                    (A) The capital costs of--
                            (i) the heavy-duty fuel cell vehicles 
                        described in paragraph (1)(A), subject to 
                        paragraph (4); or
                            (ii) a station described in paragraph 
                        (1)(B).
                    (B) The costs, such as costs associated with labor, 
                complying with maintenance requirements, and grant 
                administration, of operating--
                            (i) the heavy-duty fuel cell vehicles 
                        described in paragraph (1)(A); or
                            (ii) a station described in paragraph 
                        (1)(B).
                    (C) Overhead costs.
                    (D) The costs of training personnel to ensure 
                safety and best practices during construction, fueling 
                and refueling, maintenance, and upkeep, as applicable, 
                of--
                            (i) the heavy-duty fuel cell vehicles 
                        described in paragraph (1)(A); or
                            (ii) a station described in paragraph 
                        (1)(B).
                    (E) The costs of complying with--
                            (i) the requirements of subsection (g); and
                            (ii) any reporting requirements under 
                        subsection (h).
            (3) Operation.--
                    (A) In general.--Except as provided in subparagraph 
                (B), an eligible entity that receives a grant under the 
                program for a use described in subparagraph (A) or (B) 
                of paragraph (1) may determine whether each applicable 
                hydrogen fueling station shall--
                            (i) allow only private access; or
                            (ii) be open to the public.
                    (B) Public hydrogen fueling station developers and 
                operators.--An eligible entity described in subsection 
                (b)(2)(E) that receives a grant under the program to be 
                used only for the use described in paragraph (1)(B) 
                shall make each applicable hydrogen fueling station 
                described in that paragraph open to the public.
            (4) Capital costs of vehicles.--With respect to the capital 
        costs described in paragraph (2)(A)(i), the amount of grant 
        funds used for those capital costs shall not exceed, with 
        respect to each heavy-duty fuel cell vehicle purchased by the 
        eligible entity and used for the applicable project, the lesser 
        of--
                    (A) an amount equal to the difference between--
                            (i) the cost of the heavy-duty fuel cell 
                        vehicle; and
                            (ii) the product obtained by multiplying--
                                    (I) the cost of a comparable 
                                gasoline- or diesel-fueled vehicle; and
                                    (II) 0.5; and
                    (B) $500,000.
    (e) Amount of a Grant.--The amount of a grant provided by the 
Secretary under the program shall be not more than $20,000,000.
    (f) Cost Sharing.--The non-Federal share of the cost of a project 
carried out using a grant under the program shall be not less than 20 
percent.
    (g) Leak Detection.--Each eligible entity that receives a grant 
under the program shall conduct--
            (1) a hydrogen leakage monitoring, reporting, and 
        verification (also known as ``MRV'') program; and
            (2) a hydrogen leak detection and repair (also known as 
        ``LDAR'') program.
    (h) Reporting.--
            (1) In general.--An eligible entity that receives a grant 
        under the program shall submit to the Secretary such 
        operational data relating to eligible costs described in 
        subsection (d)(2) as the Secretary, in consultation with the 
        Secretary of Energy, may require to accelerate market 
        deployment of heavy-duty fuel cell vehicles that use hydrogen 
        as a fuel source.
            (2) Requirement.--The operational data required by the 
        Secretary under paragraph (1) shall include, at a minimum, data 
        relating to--
                    (A) operational expenses;
                    (B) fuel use; and
                    (C) reliability.
            (3) System.--The Secretary, in consultation with the 
        Secretary of Energy, shall develop a system for data reporting 
        and data sharing that allows similar fleet and fueling station 
        operators to evaluate the performance of the program.
    (i) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out the program $200,000,000 for 
the period of fiscal years 2024 through 2028.
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